Florida Senate - 2025 SB 1028 By Senator Davis 5-00919-25 20251028__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0579, F.S.; providing for the effect of criminal 4 history records ordered expunged; providing an 5 exemption from public records requirements for 6 criminal history records ordered expunged which are 7 retained by the department; providing criminal 8 penalties for the disclosure of information relating 9 to expunged criminal history records; providing for 10 future legislative review and repeal of the exemption; 11 providing a statement of public necessity; providing a 12 contingent effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present subsection (5) of section 943.0579, 17 Florida Statutes, as created by SB 1026, 2025 Regular Session, 18 is redesignated as subsection (6), and a new subsection (5) is 19 added to that section, to read: 20 943.0579 Expunction of a qualifying marijuana offense.— 21 (5) EFFECT OF EXPUNCTION ORDER.— 22 (a) A criminal history record of a minor or an adult which 23 is ordered expunged by a court of competent jurisdiction 24 pursuant to this section must be physically destroyed or 25 obliterated by any criminal justice agency having custody of 26 such record, except that the department shall retain all 27 criminal history records in its custody in all cases. A criminal 28 history record ordered expunged which is retained by the 29 department is confidential and exempt from s. 119.07(1) and s. 30 24(a), Art. I of the State Constitution and is not available to 31 any person or entity except upon order of a court of competent 32 jurisdiction. A criminal justice agency may retain a notation 33 indicating compliance with an order to expunge. 34 (b) The person who is the subject of a criminal history 35 record expunged under this section or under other provisions of 36 law, including former ss. 893.14, 901.33, and 943.058, may 37 lawfully deny or fail to acknowledge the arrests covered by the 38 expunged record, except when the subject of the record: 39 1. Is a candidate for employment with a criminal justice 40 agency; 41 2. Is a defendant in a criminal prosecution; 42 3. Concurrently or subsequently petitions for relief under 43 this section, s. 943.0583, or s. 943.059; 44 4. Is a candidate for admission to The Florida Bar; 45 5. Is seeking to be employed or licensed by or to contract 46 with the Department of Children and Families, the Division of 47 Vocational Rehabilitation within the Department of Education, 48 the Agency for Health Care Administration, the Agency for 49 Persons with Disabilities, the Department of Health, the 50 Department of Elderly Affairs, or the Department of Juvenile 51 Justice or to be employed or used by such contractor or licensee 52 in a sensitive position having direct contact with children, the 53 disabled, or the elderly; 54 6.a. Is seeking to be employed or licensed by, or contract 55 with, the Department of Education, any district unit under s. 56 1001.30, any special district unit under s. 1011.24, the Florida 57 School for the Deaf and the Blind under s. 1002.36, the Florida 58 Virtual School under s. 1002.37, a virtual instruction program 59 under s. 1002.45, a charter school under s. 1002.33, a hope 60 operator under s. 1002.333, an alternative school under s. 61 1008.341, a private or parochial school, or any local 62 governmental entity that licenses child care facilities; 63 b. Is seeking to be employed or used by a contractor or 64 licensee under sub-subparagraph a.; or 65 c. Is a person screened under s. 1012.467; 66 7. Is seeking to be licensed by the Division of Insurance 67 Agent and Agency Services within the Department of Financial 68 Services; or 69 8. Is seeking to be appointed as a guardian pursuant to s. 70 744.3125. 71 (c) Subject to the exceptions in paragraph (b), a person 72 who has been granted an expunction under this section, former s. 73 893.14, former s. 901.33, or former s. 943.058 may not be held 74 under any provision of law of this state to have committed 75 perjury or to be otherwise liable for giving a false statement 76 by reason of such person’s failure to recite or acknowledge an 77 expunged criminal history record. 78 (d) Information relating to the existence of an expunged 79 criminal history record which is provided in accordance with 80 paragraph (a) is confidential and exempt from s. 119.07(1) and 81 s. 24(a), Art. I of the State Constitution, except that the 82 department shall disclose the existence of a criminal history 83 record ordered expunged to the entities set forth in 84 subparagraphs (b)1. and 4.-8. for their respective licensing, 85 access authorization, and employment purposes and to criminal 86 justice agencies for their respective criminal justice purposes. 87 It is unlawful for an employee of an entity set forth in 88 subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., 89 subparagraph (b)6., subparagraph (b)7., or subparagraph (b)8. to 90 disclose information relating to the existence of an expunged 91 criminal history record of a person seeking employment, access 92 authorization, or licensure with such entity or contractor, 93 except to the person to whom the criminal history record relates 94 or to persons having direct responsibility for employment, 95 access authorization, or licensure decisions. A person who 96 violates this paragraph commits a misdemeanor of the first 97 degree, punishable as provided in s. 775.082 or s. 775.083. 98 (e) This subsection is subject to the Open Government 99 Sunset Review Act in accordance with s. 119.15 and shall stand 100 repealed on October 2, 2030, unless reviewed and saved from 101 repeal through reenactment by the Legislature. 102 Section 2. The Legislature finds that it is a public 103 necessity that criminal history records relating to qualifying 104 marijuana offenses be made confidential and exempt from s. 105 119.07(1), Florida Statutes, and s. 24(a), Article I of the 106 State Constitution. Criminal history records for small amounts 107 of marijuana or paraphernalia that meets the definition of 108 marijuana delivery devices are low-level, nonviolent offenses 109 for which persons with such criminal history records should not 110 have job or housing challenges as a result of for the rest of 111 their lives. Focusing on marijuana diverts limited resources and 112 prevents police from focusing on real crime, and marijuana laws 113 have historically been disproportionately enforced against 114 persons from minority groups. For these reasons, the Legislature 115 finds that it is a public necessity that the exempt status of 116 such information received by the department be maintained. 117 Section 3. This act shall take effect on the same date that 118 SB 1026 or similar legislation takes effect, if such legislation 119 is adopted in the same legislative session or an extension 120 thereof and becomes a law.